1. A property is assessed at $280,000 and the tax rate is 22 mills. What is the annual tax?
Answer & explanation
Answer: C. 1 mill = $1 per $1,000. $280,000 / 1,000 = 280; 280 x 22 = $6,160.
2. An agent signs a contract to sell real property on behalf of the owner. Under MCA 28-2-903, for the contract to bind the owner:
Answer & explanation
Answer: C. MCA 28-2-903(1)(d) provides that when an agent makes a sale or long-lease agreement, the agent's authority must be in writing and subscribed by the party to be charged.
3. An owner of lakefront property holds:
Answer & explanation
Answer: C. Littoral rights apply to properties abutting standing bodies of water such as lakes and oceans. (Reclassified from section 16 to section 1 / CORE.)
4. A deed that conveys only whatever interest the grantor has, with no warranties, is a:
Answer & explanation
Answer: C. A quitclaim deed conveys the grantor's interest, if any, with no warranties - often used to clear clouds on title.
5. A property manager owes fiduciary duties primarily to the:
Answer & explanation
Answer: D. The property manager is the owner's (general) agent and owes fiduciary duties to the owner, while dealing honestly with tenants.
6. An unlicensed person holds a power of attorney and sells property for an out-of-state owner once, without a fee. Later he begins doing this regularly for several owners for a fee. Which statement is correct?
Answer & explanation
Answer: C. MCA 37-51-103(1)(b) exempts an attorney-in-fact under a power of attorney, unless the person does it regularly or consistently for others for a fee or to evade licensing. The exemption fails once the activity becomes a paid business.
7. The periodic report a property manager gives the owner showing rents and other income collected and expenses paid for the period is the:
Answer & explanation
Answer: A. The income statement (P&L) summarizes income and expenses for the accounting period, typically monthly.
8. Under Montana's Small Tract Financing Act, a trust indenture may be used to secure property of not more than:
Answer & explanation
Answer: A. MCA 71-1-304 limits trust indentures under the act to real property not exceeding 40 acres.
9. A life estate is measured by:
Answer & explanation
Answer: D. A life estate lasts for the duration of a specified person's life, then passes to the remainderman or reverts to the grantor. A fixed term describes an estate for years (a leasehold).
10. Recording a deed in the county records primarily serves to:
Answer & explanation
Answer: B. Recording provides public (constructive) notice, protecting the owner's interest against later claims.
11. Which item would most likely be considered personal property rather than a fixture?
Answer & explanation
Answer: A. Items easily removed without damage, like a plug-in refrigerator, are usually personal property. Carpeting cut to fit, built-ins and HVAC are adapted or attached fixtures.
12. A licensee may manage property for an owner for a fee only if there is:
Answer & explanation
Answer: D. Property management agreements must be written and signed; they make the manager a general agent and define duties, authority and fees.
13. A special warranty deed warrants title only against defects that:
Answer & explanation
Answer: D. Special (limited) warranty deeds protect only against problems created during the grantor's ownership; general warranty deeds cover the entire history.
14. A commercial property has potential gross income of $240,000 and an 8% vacancy allowance. Using a gross income multiplier of 6, what is the estimated value?
Answer & explanation
Answer: D. EGI = $240,000 - 8% = $220,800; value = $220,800 x 6 = $1,324,800.
15. In a deed, the party conveying title is the ____ and the party receiving title is the ____.
Answer & explanation
Answer: A. The seller (grantor) conveys to the buyer (grantee). A deed is the document; title is the ownership rights it transfers.
16. A neighbor's new garage extends two feet over the property line. This is an:
Answer & explanation
Answer: B. An encroachment is an improvement that intrudes onto another's land; a survey establishes the boundary.
17. Under Board rules, a Montana licensee who contacts an owner seeking information about the owner's property must:
Answer & explanation
Answer: D. ARM 24.210.641 makes it unprofessional conduct to fail to disclose licensee status when first seeking information about a property, and to fail to disclose licensee identity at first contact.
18. Which person may sell Montana real estate for another without a real estate license?
Answer & explanation
Answer: D. MCA 37-51-103 exempts executors, administrators, receivers, and trustees. Collecting a fee for finding buyers or tenants for others, or advertising such services, is broker activity under 37-51-102.
19. Marketable title means title that is:
Answer & explanation
Answer: D. Marketable title is reasonably free from defects and insurable - not necessarily perfect.
20. In real estate, the accessibility requirements of the Americans with Disabilities Act apply mainly to:
Answer & explanation
Answer: A. The ADA's accessibility rules primarily cover public accommodations and commercial facilities; housing accessibility is governed mainly by the Fair Housing Act.
21. Which statement correctly describes a Montana seller agent's duty to a buyer regarding property condition?
Answer & explanation
Answer: D. MCA 37-51-313(3)(a) requires disclosure of known adverse material facts and states the agent need not inspect the property or verify the seller's statements. A seller agent does owe the buyer limited duties, so 'disclose nothing' is wrong.
22. Under Board rule, every Montana real estate advertisement must:
Answer & explanation
Answer: A. ARM 24.210.641 makes it unprofessional to fail to disclose the licensee's name or that the ad is from a licensee or brokerage. Internet ads need only the city, town, or county, not a street address.
23. Under Montana's Unit Ownership Act, an amendment to a condominium's bylaws requires approval of:
Answer & explanation
Answer: B. MCA 70-23-307 requires 75% of the unit owners to approve a bylaw amendment, which takes effect when the certified copy is recorded.
24. A Montana salesperson wants to buy a property she has listed for a client. Which arrangement is prohibited by Board rule?
Answer & explanation
Answer: D. ARM 24.210.641 prohibits acting as a seller agent when the licensee is the buyer and prohibits dual agency when the licensee is a principal. Disclosure and attorney advice are appropriate steps, not violations.
25. When must Montana's statutory radon disclosure statement be provided in the sale of inhabitable property?
Answer & explanation
Answer: D. MCA 75-3-606 requires at least one document signed before or at the time of the offer to include the radon statement, whether or not testing occurred. Test results, if known, must also be provided.
Sources
Source verification pending. Confirm current requirements with your state regulator.